J.C.Mishra, J. - (1.) This revision has been filed by the manufacturer against the order dated 20th November, 1984 passed by the Judicial Magistrate, Pithoragarh summoning it to face trial under Sections 7/16 of the Prevention of Food Adulteration Act (hereinafter called the Act for convenience).
(2.) The prosecution case is that Food Inspector, Didihat of district Pithoragarh inspected the shop of accused Bhawan Singh and took sample of two sealed tins containing mustard oil of brand Rakhi. On enquiry the accused disclosed that he had purchased oil tins from the supplier Bachi Ram Harinandan, wholesale merchant. He also produced the cash memo.
(3.) The Food Inspector took sample of the mustard oil in presence of the witnesses and sent it for analysis after observing the necessary formalities. On analysis the mustard oil was found to be adulterated.;